5145.3 BP - Nondiscrimination/Harassment

Students                
Board Policy No. 5145.3 
Policy approved: September 6, 2018
Policy Revised/Approved: December 19, 2024

Nondiscrimination/Harassment

This policy shall apply to all acts constituting unlawful discrimination or harassment related to school activity or to school attendance occurring within a district school, to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school, and to all acts of the Governing Board and the Superintendent in enacting policies and procedures that govern the district.  

The Board desires to provide a welcoming, safe, and supportive school environment that allows all students equal access to and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, of any student by anyone, based on the student's actual or perceived race; color; ancestry; nationality; national origin; immigration status; ethnic group identification; ethnicity; age; religion; pregnancy, childbirth, termination of pregnancy or lactation, including related medical conditions or recovery; parental, marital, and family status; physical or mental disability; medical condition; sex; sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; or genetic information; or, association with a person or group with one or more of these actual or perceived characteristics.  

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also occurs when prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities. 

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.  

Because unlawful discrimination could occur when disciplining students, including suspension and expulsion, the Superintendent or designee shall ensure that staff enforce discipline rules fairly, consistently and in a non- discriminatory manner, as specified in Board Policy and Administrative Regulation 5144 - Discipline, Board Policy and Administrative Regulation 5144.1 - Suspension and Expulsion/Due Process, and Administrative Regulation 5144.2 - Suspension and Expulsion/Due Process (Students With Disabilities). 

The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates, participates, or refuses to participate in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.  

The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. In addition, the Superintendent or designee shall post the district's policies prohibiting discrimination, harassment, intimidation, and bullying and other required information on the district's website in a manner that is easily accessible to parents/guardians and students, in accordance with law and the accompanying administrative regulation. (Education Code 234.1, 234.6; 34 CFR 106.8) 

The Superintendent or designee shall provide training and/or information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the district's educational program. The Superintendent or designee shall report the findings and recommendations to the Board after each review. 

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.  

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.  

When a student has been suspended, or other means of correction have been implemented against the student for an incident of racist bullying, harassment, or intimidation, the principal or designee shall engage both the victim and perpetrator in a restorative justice practice suitable to the needs of the students. The principal or designee shall also require the perpetrator to engage in a culturally sensitive program that promotes racial justice and equity and combats racism and ignorance and shall regularly check on the victim to ensure that the victim is not in danger of suffering from any long-lasting mental health issues. (Education Code 48900.5) 

When appropriate based on the severity or pervasiveness of the bullying, the Superintendent or designee shall notify the parents/guardians of victims and perpetrators and may contact law enforcement.  

Allegations of unlawful discrimination in district programs and activities shall be brought, investigated, and resolved in accordance with Board Policy 1312.3 - Uniform Complaint Procedures, when required by law. However, complaints alleging sex discrimination, including sex-based harassment, under Title IX shall be investigated and resolved in accordance with the procedures specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 5145.71 - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures. 

Record-Keeping 

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools. 

Policy Reference Disclaimer: 
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. 

State References, Description 
5 CCR 432 Student records 
5 CCR 4600-4670 Uniform complaint procedures 
5 CCR 4900-4965 Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance 
Civ. Code 1714.1 Liability of parent or guardian for act of willful misconduct by a minor 

State References, Description 
Ed. Code 17585 School modernization project; all-gender restroom
Ed. Code 200-262.4 Prohibition of discrimination 
Ed. Code 33353 California Interscholastic Federation; standardized incident form
Ed. Code 35292.5 School restrooms; all-gender restrooms 
Ed. Code 48900.3 Suspension or expulsion for act of hate violence
Ed. Code 48900.4 Suspension or expulsion for harassment, threats, or intimidation
Ed. Code 48900.5 Suspension; other means of correction 
Ed. Code 48904 Liability of parent/guardian for willful student misconduct
Ed. Code 48907 Exercise of free expression; time, place, and manner rules and regulations
Ed. Code 48950 Speech and other communication 
Ed. Code 48985 Notices to parents in language other than English
Ed. Code 49020-49023 Athletic programs 
Ed. Code 49060-49079 Student records 
Ed. Code 51204.5 Social sciences instruction; contributions of specified groups
Ed. Code 51500 Prohibited instruction or activity 
Ed. Code 51501 Nondiscriminatory subject matter 
Ed. Code 60010 Instructional materials; definition 
Ed. Code 60040-60052 Requirements for instructional materials 
Gov. Code 11135 Prohibition of discrimination 
Pen. Code 422.55 Definition of hate crime 
Pen. Code 422.6 Crimes; harassment 

Federal References, Description 
20 USC 1681-1688 Title IX of the Education Amendments of 1972; discrimination based on sex
28 CFR 35.107 Nondiscrimination on basis of disability; complaints
29 USC 794 Rehabilitation Act of 1973; Section 504 
34 CFR 100.3 Prohibition of discrimination on basis of race, color or national origin
34 CFR 104.7Section 504; Designation of responsible employee and adoption of grievances procedures 
34 CFR 104.8 Notice of Nondiscrimination on the Basis of Handicap
34 CFR 106.1-106.82 Discrimination on the basis of sex; effectuating Title IX
34 CFR 110.25 Prohibition of discrimination based on age 
34 CFR 99.31 Disclosure of personally identifiable information
42 USC 12101-12213 Americans with Disabilities Act 
42 USC 2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended
42 USC 2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964 
42 USC 6101-6107 Age Discrimination Act of 1975 

Management Resources References, Description 
34 CFR 106.30 Discrimination on the basis of sex; definitions
CA Office of the Attorney General Publication Guidance to School Officials re: Legal Requirements for Providing Inclusive Curricula and Books, January 2024 

Management Resources References, Description 
CA Office of the Attorney General Publication Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018 
California Department of Education Publication California Longitudinal Pupil Achievement Data System (CALPADS) Update FLASH #158: Guidance for Changing a Student’s Gender in CALPADS, July 2019 
Court Decision Donovan v. Poway Unified School District (2008) 167 Cal.App.4th 567 Court Decision Flores v. Morgan Hill Unified School District (2003, 9th Cir.) 324 F.3d 1130
CSBA Publication Reference: State Roles, Responsibilities, and Process for Instructional Materials Adoption, February 2024 
CSBA Publication Fact Sheet: Instructional Materials Adoption: Local governing board responsibilities, February 2024 
CSBA Publication Instructional Materials Adoptions: State and local governing board processes, roles, and responsibilities, February 2024 
CSBA Publication Legal Guidance on Rights of Transgender and Gender Nonconforming Students in Schools, October 2022 
Federal Register Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, April 29, 2024, Vol. 89, No. 83, 
pages 33474-33896 
U.S DOE, Office for Civil Rights Publication Resolution Agreement Between the Arcadia USD, US Dept of Ed, OCR, & the US DOJ, CRD (2013) OCR 09-12-1020, DOJ 169-12C-70 
U.S. Department of Education Publication Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools, May 2023 
U.S. Dept. of Health & Human Services Publication Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English  Proficient Persons, August 2013 
U.S. DOE & U.S. DOJ Civil Rights Divisions Pub Dear Colleague Letter: Resource on Confronting Racial Discrimination in Student Discipline, May 2023 
U.S. DOE, Office for Civil Rights Publication  Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, Including Shared Ancestry or Ethnic Characteristics, May 2024 
U.S. DOE, Office for Civil Rights Publication Dear Colleague Letter: Discrimination, Including Harassment, Based on Shared Ancestry or Ethnic Characteristics, November 2023 
U.S. DOE, Office for Civil Rights Publication Enforcement of Title IX of the Education Amendments of 1972 With Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, June 2021 
U.S. DOE, Office for Civil Rights Publication Dear Colleague Letter: Addressing Discrimination Against Jewish Students, May 2023 
U.S. DOE, Office for Civil Rights Publication U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Students, June 2023 
U.S. DOE, Office for Civil Rights Publication Questions and Answers on the Title IX Regulations on Sexual Harassment, June 2022
U.S. DOE, Office for Civil Rights Publication Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 
U.S. DOE, Office for Civil Rights Publication Dear Colleague Letter: Race and School Programming, August 2023

Website CSBA District and County Office of Education Legal Services
Website First Amendment Center 
Website California Interscholastic Federation 
Website California Office of the Attorney General 

Management Resources References, Description 
Website California Safe Schools Coalition 
Website CSBA 
Website California Department of Education 
Website U.S. Department of Education, Office for Civil Rights 

Cross References, Description 
0410 Nondiscrimination In District Programs And Activities
0415 Equity 
0450 Comprehensive Safety Plan 
0450 Comprehensive Safety Plan 
1114 District-Sponsored Social Media 
1114 District-Sponsored Social Media 
1240 Volunteer Assistance 
1240 Volunteer Assistance 
1312.1 Complaints Concerning District Employees
1312.1 Complaints Concerning District Employees
1312.2 Complaints Concerning Instructional Materials
1312.2 Complaints Concerning Instructional Materials
1312.2-E(1) Complaints Concerning Instructional Materials
1312.3 Uniform Complaint Procedures 
1312.3 Uniform Complaint Procedures 
1312.3-E(1) Uniform Complaint Procedures 
1312.3-E(2) Uniform Complaint Procedures 
1312.4 Williams Uniform Complaint Procedures 
1312.4-E(1) Williams Uniform Complaint Procedures 
1312.4-E(2) Williams Uniform Complaint Procedures 
1313 Civility 
1340 Access To District Records 
1340 Access To District Records 
3515.4 Recovery For Property Loss Or Damage
3515.4 Recovery For Property Loss Or Damage
3530 Risk Management/Insurance 
3530 Risk Management/Insurance 
3553 Free And Reduced Price Meals 
3553 Free And Reduced Price Meals 
3580 District Records 
3580 District Records 
4112.6 Personnel Files 
4112.9 Employee Notifications 
4112.9-E(1) Employee Notifications 

Cross References, Description 
4118 Dismissal/Suspension/Disciplinary Action
4118 Dismissal/Suspension/Disciplinary Action
4119.11 Sex Discrimination and Sex-Based Harassment
4119.11 Sex Discrimination and Sex-Based Harassment
4119.21 Professional Standards 
4119.21-E(1) Professional Standards 
4119.23 Unauthorized Release Of Confidential/Privileged Information
4131 Staff Development 
4212.6 Personnel Files 
4212.9 Employee Notifications 
4212.9-E(1) Employee Notifications 
4218 Dismissal/Suspension/Disciplinary Action
4218 Dismissal/Suspension/Disciplinary Action
4219.11 Sex Discrimination and Sex-Based Harassment
4219.11 Sex Discrimination and Sex-Based Harassment
4219.21 Professional Standards 
4219.21-E(1) Professional Standards 
4219.23 Unauthorized Release Of Confidential/Privileged Information
4231 Staff Development 
4312.6 Personnel Files 
4312.9 Employee Notifications 
4312.9-E(1) Employee Notifications 
4319.11 Sex Discrimination and Sex-Based Harassment
4319.11 Sex Discrimination and Sex-Based Harassment
4319.21 Professional Standards 
4319.21-E(1) Professional Standards 
4319.23 Unauthorized Release Of Confidential/Privileged Information
4331 Staff Development 
5000 Concepts And Roles 
5030 Student Wellness 
5111 Admission 
5111 Admission 
5113.1 Chronic Absence And Truancy 
5113.1 Chronic Absence And Truancy 
5113.12 District School Attendance Review Board
5113.12 District School Attendance Review Board
5116.2 Involuntary Student Transfers 
5125 Student Records 
5125 Student Records 
5125.1 Release Of Directory Information 

Cross References Description 
5125.1 Release Of Directory Information 
5125.1-E(1) Release Of Directory Information 
5125.3 Challenging Student Records 
5131 Conduct 
5131.2 Bullying 
5131.2 Bullying 
5131.5 Vandalism And Graffiti 
5132 Dress And Grooming 
5132 Dress And Grooming 
5137 Positive School Climate 
5138 Conflict Resolution/Peer Mediation 
5141.22 Infectious Diseases 
5141.22 Infectious Diseases 
5141.27 Food Allergies/Special Dietary Needs 
5141.27 Food Allergies/Special Dietary Needs 
5141.4 Child Abuse Prevention And Reporting 
5141.4 Child Abuse Prevention And Reporting 
5141.52 Suicide Prevention 
5141.52 Suicide Prevention 
5144 Discipline 
5144 Discipline 
5144.1 Suspension And Expulsion/Due Process 
5144.1 Suspension And Expulsion/Due Process 
5144.2 Suspension And Expulsion/Due Process (Students With Disabilities)
5145.12 Search And Seizure 
5145.12 Search And Seizure 
5145.2 Freedom Of Speech/Expression 
5145.2 Freedom Of Speech/Expression 
5145.6 Parent/Guardian Notifications 
5145.6-E(1) Parent/Guardian Notifications 
5145.7 Sex Discrimination and Sex-Based Harassment
5145.7 Sex Discrimination and Sex-Based Harassment
5145.71 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures 
5145.71-E(1) Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures 
5145.9 Hate-Motivated Behavior 
5146 Married/Pregnant/Parenting Students 
6142.1 Sexual Health And HIV/AIDS Prevention Instruction
6142.1 Sexual Health And HIV/AIDS Prevention Instruction
6142.8 Comprehensive Health Education 

Cross References, Description 
6142.8 Comprehensive Health Education 
6143 Courses Of Study 
6143 Courses Of Study 
6144 Controversial Issues 
6145 Extracurricular And Cocurricular Activities
6145 Extracurricular And Cocurricular Activities
6145.2 Athletic Competition 
6145.2 Athletic Competition 
6153 School-Sponsored Trips 
6153 School-Sponsored Trips 
6159.4 Behavioral Interventions For Special Education Students
6161.1 Selection And Evaluation Of Instructional Materials
6161.1 Selection And Evaluation Of Instructional Materials
6161.1-E(1) Selection And Evaluation Of Instructional Materials
6161.11 Supplementary Instructional Materials 
6163.1 Library Media Centers 
6163.4 Student Use Of Technology 
6163.4-E(1) Student Use Of Technology 
6164.2 Guidance/Counseling Services 
6173.1 Education For Foster Youth 
6173.1 Education For Foster Youth 
7110 Facilities Master Plan 

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